SANJAY GOPINATH Vs. IREO GRACE REALTECH PVT. LTD

JUDGEMENT

(1.) The present batch of Consumer Complaints has been filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants, against the Opposite Party, M/s. Ireo Grace Realtech Private Ltd. (hereinafter referred to as the 'Developer') for refunding of money as the Opposite Party Developer failed to hand-over the possession of the Flats booked by them in the Project launched by the Developer in the name and style of "The Corridor ", within stipulated period.

(2.) Since the facts and question of law involved in these Complaints are similar except for minor variations in the dates and events and flat numbers, these Complaints are being disposed of by this common Order. However, for the sake of convenience, Consumer Complaint No. 2236 of 2016 is treated as the lead case and the facts enumerated hereinafter are taken from Consumer Complaint No. 2236 of 2016.

(3.) According to the Complainant, the facts of the case are that in response to the Applications invited by the Opposite Party Developer for allotment of flats in their upcoming Project, "The Corridors" (hereinafter referred to as the 'Project') located at Golf Course Extension Road, Sector-67-A, Tehsil and District Gurgaon, Haryana, the Complainant booked a residential flat in the Project by paying a sum of 14 lakh towards booking amount. The Complainant was allotted Unit No. CD-C6-09-901 having super area of 1483.28 sq. ft. on 16.03.2013.Apartment Buyer's Agreement (hereinafter referred as the Agreement) was sent by the Opposite Party Developer for getting the signatures of the Complainant. It is the say of the Complainant that the Apartment was originally booked @ 8750/- per sq. ft. but in the Agreement, the rate of booking was mentioned as 9200/- per sq. ft. The Agreement was one-sided and upon resistance, the Complainant was threatened by the Developer that the Unit shall be cancelled and whole money paid shall also be forfeited and the Complainant was forced to sign upon the dotted lines on the Agreement. Agreement was executed between the Parties on 03.04.2014.As per Clause 13.3. of the Agreement, the possession of the Unit was to be handed over within a period of 42 months from the date of approval of the building plans. Clause 13.3 of the Agreement reads as under: